Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2007 > June 2007 Resolutions > [G.R. No. 173034 : June 05, 2007] PHARMACEUTICAL AND HEALTH CARE ASSOCIATION OF THE PHILIPPINES V. HEALTH SECRETARY FRANCISCO T. DUQUE III, UNDERSECRETARIES DR. ETHELYN P. NIETO, DR. MARGARITA M. GALON, ATTY. ALEXANDER A. PADILLA AND DR. JADE F. DEL MUNDO, AND ASSISTANT SECRETARIES DR. MARIO C. VILLAVERDE, DR. DAVID J. LOZADA AND DR. NEINESIO T. GAKO :




EN BANC

[G.R. No. 173034 : June 05, 2007]

PHARMACEUTICAL AND HEALTH CARE ASSOCIATION OF THE PHILIPPINES V. HEALTH SECRETARY FRANCISCO T. DUQUE III, UNDERSECRETARIES DR. ETHELYN P. NIETO, DR. MARGARITA M. GALON, ATTY. ALEXANDER A. PADILLA AND DR. JADE F. DEL MUNDO, AND ASSISTANT SECRETARIES DR. MARIO C. VILLAVERDE, DR. DAVID J. LOZADA AND DR. NEINESIO T. GAKO

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated 5 JUNE 2007

G.R. No. 173034 - (Pharmaceutical and Health Care Association of the Philippines v. Health Secretary Francisco T. Duque III, Undersecretaries Dr. Ethelyn P. Nieto, Dr. Margarita M. Galon, Atty. Alexander A. Padilla and Dr. Jade F. Del Mundo, and Assistant Secretaries Dr. Mario C. Villaverde, Dr. David J. Lozada and Dr. Neinesio T. Gako)

ADVISORY
(Guidelines for oral arguments)

The Court hereby sets the following issues:
  1. Whether or not petitioner is a real party-in-interest;

  2. Whether Administrative Order No. 2006-0012 or the Revised Implementing Rules and Regulations (RIRR) issued by the Department of Health (DOH) is not unconstitutional;

    2.1 Whether the RIRR is in accord with the provisions of Executive Order No. 51 (Milk Code);

    2.2 Whether pertinent international agreements[1] entered into by the Philippines after the enactment of the Milk Code are part of the law of the land and may be implemented by the DOH through the RIRR; If in the affirmative, whether the RIRR is in accord with the international agreements;

    2.3 Whether Sections 4, 5(w), 22, 32, 46, and 52 of the RIRR violate the due process clause and are in restraint of trade; and

    2.4 Whether Section 13 of the RIRR on Total Effect provides sufficient standards.

    Each of the parties, represented by their respective counsels, shall have a maximum of 20 minutes to present their argument/s. In the event that more than one lawyer will present arguments for one party, their lead counsel shall decide on how to share the 20 minutes with co-counsel.
Very truly yours,


(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court

Endnotes:


[1] United Nations Convention on the Rights of the Child; (2) The WHO and Unicef "2002 Global Strategy on Infant and Young Child Feeding;" and (3) various World Health Assembly (WHA) Resolutions.



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June-2007 Jurisprudence                 

  • [G.R. No. 178168 : June 28, 2007] AQUILINO L. PIMENTEL III VS. COMMISSION ON ELECTIONS AND JUAN MIGUEL F. ZUBIRI

  • [Administrative Case No. 5624 : June 26, 2007] NATASHA HUEYSUWAN-FLORIDO VS. ATTY. JAMES BENEDICT C. FLORIDO

  • [G.R. No. 150151 : June 20, 2007] CENIT LIGHTING (PHILS.), INC. V. GENERAL ELECTRIC PHILS., INC., PHILIPPINE ELECTRICAL MANUFACTURING COMPANY AND EDUARDO LIMCANGCO

  • [A.M. No. 02-11-13-SC : June 19, 2007] RE: APPOINTMENT OF PROFESSOR MYRNA S. FELICIANO AS DIRECTOR OF MCLE OFFICE [RENEWAL]

  • [A.M. No. 07-6-6-SC : June 19, 2007] RE: NON-OBSERVANCE BY ATTY. EDEN T. CANDELARIA, CHIEF OF ADMINISTRATIVE SERVICES (OAS), OF EN BANC RESOLUTION A.M. NO. 05-9-29-SC DATED SEPTEMBER 27, 2005 AND EN BANC RULING IN OFFICE OF OMBUDSMAN V. CIVIL SERVICE COMMISSION (G.R. NO. 159940 DATED FEBRUARY 16, 2005)

  • [A.M. No. 02-11-13-SC : June 19, 2007] RE: APPOINTMENT OF PROFESSOR MYRNA S. FELICIANO AS DIRECTOR OF MCLE OFFICE [RENEWAL]

  • [A.M. No. 06-3-159-RTC : June 19, 2007] RE: REQUEST OF ATTY. CARMINA A. ABBAS FOR JUDGE AMELIA A. FABROS, PRESIDING JUDGE, RTC, BRANCH 160, SAN JUAN, TO DECIDE THE MOTIONS FOR RECONSIDERATION IN CIVIL CASE NO. 2712 PENDING IN RTC, BRANCH 268, PASIG CITY

  • [A.M. No. 07-6-13-CA : June 19, 2007] RE: REQUEST OF CA JUSTICE RENATO C. DACUDAO TO PURCHASE HIS SERVICE VEHICLE ON HIS COMPULSORY RETIREMENT

  • [A.M. No. 06-3-159-RTC : June 19, 2007] RE: REQUEST OF ATTY. CARMINA A. ABBAS FOR JUDGE AMELIA A. FABROS, PRESIDING JUDGE, RTC, BRANCH 160, SAN JUAN, TO DECIDE THE MOTIONS FOR RECONSIDERATION IN CIVIL CASE NO. 2712 PENDING IN RTC, BRANCH 268, PASIG CITY

  • [A.M. No. 10654-Ret : June 19, 2007] RE: DISABILITY RETIREMENT UNDER R.A. 910 OF JUDGE ANTONIO S. ALANO, RTC, BRANCH 35, GENERAL SANTOS CITY.

  • [A.M. No. 07-6-13-CA : June 19, 2007] RE: REQUEST OF CA JUSTICE RENATO C. DACUDAO TO PURCHASE HIS SERVICE VEHICLE ON HIS COMPULSORY RETIREMENT

  • [RE: PROPOSED 2002 INTERNAL RULES OF THE COURT OF APPEALS : JUNE 19, 2007] RE: PROPOSED 2002 INTERNAL RULES OF THE COURT OF APPEALS

  • [G.R. No. 175580 : June 13, 2007] YUSAY CREDIT AND LENDING CORPORATION V. MODESTO VASQUEZ, AS SUBSTITUTED BY VISITACION OCERA VASQUEZ, MARICRIS O. VASQUEZ, MARICHU VASQUEZ LIBO-ON, MARIVIC VASQUEZ BALACUIT AND MARICON VASQUEZ NABOR

  • [G.R. No. 147608 : June 13, 2007] ALFREDO M. MOCON, PETITIONER, V. COURT OF APPEALS AND EDGE CORPORATION, RESPONDENTS

  • [G.R. No. 175903 : June 13, 2007] FIL-ESTATE MANAGEMENT, INC. V. JUDGE BONIFACIO SANZ MACEDA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 275 OF THE REGIONAL TRIAL COURT OF LAS PIÑAS CITY AND THE HEIRS OF TEODERICO MALACA AND MARIA ESPIRITU MALACA

  • [G.R. No. 150133 : June 13, 2007] CELSO A. FERNANDEZ, FE J. VILLANUEVA-FERNANDEZ, AND NORA ELLEN ESTRELLADO, PETITIONERS V. COURT OF APPEALS AND DEVELOPMENT BANK OF THE PHILIPPINES, RESPONDENTS

  • [G.R. No. 175903 : June 13, 2007] FIL-ESTATE MANAGEMENT, INC. V. JUDGE BONIFACIO SANZ MACEDA, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 275 OF THE REGIONAL TRIAL COURT OF LAS PIÑAS CITY AND THE HEIRS OF TEODERICO MALACA AND MARIA ESPIRITU MALACA

  • [A.M. No. P-01-1509 [Formerly A.M. No. 01-8-486-RTC] : June 13, 2007] OFFICE OF THE COURT ADMINISTRATOR V. NELIA A. VILLANUEVA, FORMER COURT STENOGRAPHER, METROPOLITAN TRIAL COURT, BRANCH 59, MANDALUYONG CITY

  • [A.M. No. 12534-Ret. : June 12, 2007] RE: REQUEST OF FORMER COURT ADMINISTRATOR FOR PAYMENT OF PENSION AS RETIRED COURT ADMINISTRATOR

  • [G.R. No. 159794 : June 06, 2007] MACLARING M. LUCMAN, IN HIS CAPACITY AS MANAGER OF THE LAND BANK OF THE PHILIPPINES, MARAWI CITY V. ALIMATAR MALAWI, ABULKHAYR PANGCOGA, SALIMATAR SARIP, LOMALA CADAR, ALIRIBA MACARAMBON AND ABDUL USMAN

  • [G.R. No. 174128 : June 06, 2007] JANOS TAMAS HERCZOG V. ROSA C. ROSACAY-HERCZOG & REPUBLIC OF THE PHILIPPINES

  • [UDK-13812 : June 06, 2007] BENJAMIN ACEJO V. BAGONG TANYAG HOMEOWNERS ASSOCIATION, REPRESENTED BY ALFONSO C. IGNACIO

  • [G.R. No. 147191 : June 06, 2007] SPOUSES MANUEL & LUISA TAN LEE, RENWICK WAN-EN LEE, AND JANSSEN THADDEUS LEE VS. HON. COURT OF APPEALS AND CHINA BANKING CORPORATION

  • [G.R. No. 177630 : June 05, 2007] ROLANDO N. CANET V. HON. FIRST DIVISION, COMMISSION ON ELECTIONS AND BENJAMIN S. DECENA

  • [A.M. No. 97-3-31-MTC : June 05, 2007] RE: ABSENCES OF JUDGE ORLANDO A. SIAPNO

  • [A.M. No. 07-5-253-RTC : June 05, 2007] RE: REQUEST OF GOV. NIEL D. TUPAZ, PROVINCE OF ILOILO, TO ALLOW RTC JUDGES IN HIS PROVINCE TO CONDUCT TRIAL AT THE ILOILO REHABILITATION CENTER, POTOTAN, ILOILO

  • [A.M. No. 07-4-6-SC : June 05, 2007] RE: PROPOSAL FOR THE CREATION OF THE INVESTIGATION AND PROSECUTION DIVISION UNDER THE LEGAL OFFICE OF THE OFFICE OF THE COURT ADMINISTRATOR

  • [G.R. No. 177802 : June 05, 2007] JOEL S. SAMANIEGO VS. COMMISSION ON AUDIT, PROVINCIAL AUDITOR'S OFFICE OF ALBAY, LEGASPI CITY

  • [Bar Matter No. 1748 : June 05, 2007] CONDUCT OF THE 2007 BAR EXAMINATIONS

  • [G.R. No. 173034 : June 05, 2007] PHARMACEUTICAL AND HEALTH CARE ASSOCIATION OF THE PHILIPPINES V. HEALTH SECRETARY FRANCISCO T. DUQUE III, UNDERSECRETARIES DR. ETHELYN P. NIETO, DR. MARGARITA M. GALON, ATTY. ALEXANDER A. PADILLA AND DR. JADE F. DEL MUNDO, AND ASSISTANT SECRETARIES DR. MARIO C. VILLAVERDE, DR. DAVID J. LOZADA AND DR. NEINESIO T. GAKO

  • [PET Case No. 003 : June 05, 2007] LOREN B. LEGARDA VS. NOLI L. DE CASTRO

  • [A.M. No. 97-3-31-MTC : June 05, 2007] RE: ABSENCES OF JUDGE ORLANDO A. SIAPNO

  • [A.M. No. 07-5-253-RTC : June 05, 2007] RE: REQUEST OF GOV. NIEL D. TUPAZ, PROVINCE OF ILOILO, TO ALLOW RTC JUDGES IN HIS PROVINCE TO CONDUCT TRIAL AT THE ILOILO REHABILITATION CENTER, POTOTAN, ILOILO

  • [G.R. No. 156132 : June 04, 2007] CITIBANK, N.A. AND INVESTORS' FINANCE CORPORATION V. MODESTA R. SABENIANO